PROGRAM MONITORING, OVERSIGHT AND ENFORCEMENT
This refers to actors who play a role in monitoring the use of climate finance by those responsible for its management and expenditure. This encompasses a broad number of actors, many of whom have a cross government function in overseeing financial flows, implementation, procurement, ethics and corruption. Each is outlined in brief below.
- The Auditor General (Kenya National Audit Office)34 audits and reports on the accounts of any entity that receives public funds.
- The Commission for Administrative Justice (or Ombudsman)35 receives, registers, sorts, classifies and documents all complaints made against public officers. This is an important access route for members of the public who cannot afford to approach the courts.14
- The Ethics and Anti-Corruption Commission36 is mandated to combat corruption and economic crimes through law enforcement, prevention, public education and restitution of corruptly acquired assets. It also issues clearance certificates for those seeking public office. This is an important process to ensure that public servants serve with integrity.
- The Public Procurement and Disposal of Assets Act 2005 promotes more unified and transparent public procurement and establishes the Public Procurement Oversight Authority.37 The Public Procurement Oversight Authority, under the National Treasury, is the agency responsible for policy formulation and implementation, as well as oversight of the public procurement process in Kenya. This role is important in ensuring that climate projects focusing on infrastructural development are run well.
- Parliament and parliamentary committees play an oversight role over the Executive and also on government and government agencies’ financial expenditures. To date, climate change debates have not taken a high profile status within parliament and concerned committees.
- The Efficiency Monitoring Unit,38 under the Office of the Deputy President, undertakes systems and efficiency audits on organisational deficiencies in public institutions.39 It is, however, unclear what its status is as of April 2013.
- Finally, the National Environment Management Authority has established an internal anticorruption policy and committee that deals with corruption cases. In line with this it has established an online portal where the public can report corruption. 40 Cases are forwarded to the Ethics and Anti-Corruption Commission for further action.
In many cases, the entities listed above expressed a lack of confidence in their capacity to deal with issues relating to climate finance. This capacity is important if they are to discharge their oversight function effectively.